Legal Question in Credit and Debt Law in California

The relevant court or its related website may provide applicable forms for filing an "answer" within the deadline specified on the summons; filing an answer can cost $300+ absent fee waiver eligibility. Successful litigation against a valid debt is not commonly expected and an end-result of a collection lawsuit (whether or not you contest the matter) is loss of the defendent's property or income (e.g., 1/4 of your paycheck). Often we consult with clients who have a large "portfolio" of debt of which a particular summons is a symptom.

Above is general info, which may not cover all related issues; it is not legal advice upon which to base one's actions (or lack thereof). Please seek legal counsel.

You have 30 days from when the summons was delivered to file an answer. If it was handed to someone else at your place of work or home, and then mailed to you, you get 10 extra days from the date of mailing. Only once you file an answer will you receive notices of court dates. If it was not handed to you, but rather handed to someone else and mailed to you, you can contest the service, but that will accomplish nothing but to raise any attorneys fees award against you at the end of the case, and delay the time to answer.

The answers from the other LawGuru attorneys assume you have no valid defense to the credit card lawsuit, which is not always the case. The debt must be less than four years old; sometimes the debt collector doesn't really own the debt; and there are other possible defenses. Always bring your lawsuit and situation to an attorney to be looked at. If you have sufficient debt bankruptcy could be an option. Even if you don't want or need a bankruptcy, bankruptcy attorneys have lots of experience with debt issues and you might want to consult one.